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CFI 023/2014 – Amended Freezing Order of H.E. Justice Omar Al Muhari

CFI 023/2014 – Amended Freezing Order of H.E. Justice Omar Al Muhari

July 9, 2014

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Claim No. CFI 023/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURTS OF FIRST INSTANCE

 

BETWEEN

Mr. SAILESH KUMAR JATAINA Claimant
and

WADHAWAN INTERNATIONAL INVESTMENTS LTD

Defendant

AMENDED ORDER OF H.E. JUSTICE OMAR AL MUHAIRI

PENAL NOTICE

 

IF YOU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.

 

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.

 

THIS ORDER

1. This is a Freezing Order made against Wadhawan International Investments Ltd. (‘the Defendant’) on by H.E. Justice Omar Al Muhairi on the application of Mr. Sailesh Kumar Jataina (‘the Claimant’). The Judge read the Affidavit listed in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order.

 

2. This order was made at a hearing without notice to the Defendant. The Defendant has a right to apply to the Court to vary or discharge the order — see paragraph 13 below.

 

3. There will be a return date in respect of this order on Monday, 11 August 2014.

 

FREEZING ORDER

4. Until the return date or further order of the Court, the Defendant must not:

(1) remove from the Dubai International Financial Centre (“DIFC”) any of his assets which are in the DIFC up to the value of AED 300,000; or

 

(2) in any way dispose of, deal with or diminish the value of any of his assets whether they are in or outside the DIFC up to the same value.

 

5. Paragraph 5 applies to all the Defendant’s assets whether or not they are in his own name and whether they are solely or jointly owned. For the purpose of this order the Defendant’s assets include any asset which he has the power, directly or indirectly, to dispose of or deal with as if it were his own, such as the assets of the Defendant’s affiliated and related companies such as Global Hospitality Ltd.in the DIFC. The Respondent is to be regarded as having such power if a third party holds or controls the asset in accordance with his direct or indirect instructions.

 

6. This prohibition includes the following assets in particular:

(1) all real properties held by the Respondent or any of its affiliated or related companies in the Emirate of Dubai, UAE, or the net sale money after payment of any mortgages if it has been sold;

 

(2) the property and assets of the Respondent’s restaurant and hospitality business under the name of Global Hospitality Ltd. carried on at the DIFC or the sale money if any of them have been sold; and

 

(3) any money in the following bank accounts:

 

Wadhawan International Investments Limited:–
Bank account no — 90030200006391 — Bank of Baroda, Deira branch
Bank account no — 01932451801 — Standard Charterd Bank — Mankhool branch

 

Bank account details of affiliates:–
Dheeraj & East Coast LLC
Bank account no — 90030200003015 Bank of Baroda, Deira branch

 

Future Max Holdings Limited :–
Bank account no — 90030200009080 — Bank of Baroda, Deira branch.
Bank account no — 01932455301 — Standard Chartered Bank — Mankhool branch

 

7.

(1) If the total value free of charges or other securities (‘unencumbered value’) of the Defendant’s assets in the DIFC exceeds AED 300,000.00, the Defendant may remove any of those assets from the DIFC or may dispose of or deal with them so long as the total unencumbered value of the Defendant’s assets still in the DIFC remains above AED 300,000.00.

 

(2) If the total unencumbered value of the Defendant’s assets in the DIFC does not exceed AED 300,000.00, the Defendant’s must not remove any of those assets from the DIFC and must not dispose of or deal with any of them. If the Defendant has other assets outside the DIFC, he may dispose of or deal with those assets outside the DIFC so long as the total unencumbered value of all his assets whether in or outside the remains above AED 300,000.00.

 

PROVISION OF INFORMATION

8.

(1) Unless paragraph (2) applies, the Defendant must immediately and to the best of his ability inform the Applicant’s legal representatives of all his assets in the DIFC and worldwide exceeding AED 300,000.00 in value whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.
(2) If the provision of any of this information is likely to incriminate the Defendant, he may be entitled to refuse to provide it, but is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Defendant liable to be imprisoned, fined or have his assets seized.

 

9. Within three (3) working days after being served with this order, the Defendant must swear and serve on the Claimant’s legal representatives an affidavit setting out the above information.

 

EXCEPTIONS TO THIS ORDER

10.

(1) This order does not prohibit the Defendant from spending a reasonable sum on legal advice and representation. But before spending any money the Defendant must tell the Claimant’s legal representatives where the money is to come from.

 

(2) This order does not prohibit the Defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business.

 

(3) The Defendant may agree with the Claimant’s legal representatives that the above spending limits should be increased or that this order should be varied in any other respect, but any agreement must be in writing.

 

(4) The order will cease to have effect if the Defendant:

 

(5) provides security by paying the sum of AED 300,000.00 into Court, to be held to the order of the Court; or

 

(6) makes provision for security in that sum by another method agreed with the Claimant’s legal representatives.

 

COSTS

11. The costs of this application are reserved to the Judge hearing the application on the return date.

 

VARIATION OR DISCHARGE OF THIS ORDER

12. Anyone served with or notified of this order may apply to the Court at any time to vary or discharge this order (or so much of it as affects that person), but they must first inform the Claimant’s legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s legal representatives in advance.

 

INTERPRETATION OF THIS ORDER

13. A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

 

14. A Defendant which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.

 

PARTIES OTHER THAN THE CLAIMANT AND DEFENDANT

15. Effect of this order
It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this order. Any person doing so may be imprisoned, fined or have their assets seized.

 

16. Set off by banks
This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the Defendant before it was notified of this order.

 

17. Withdrawals by the Defendant

No bank need enquire as to the application or proposed application of any money withdrawn by the Defendant if the withdrawal appears to be permitted by this order.

 

18. Service

The Claimant has permission to serve this Order and the application notice on the Defendant out of the jurisdiction of this Court.

 

19. Persons outside the DIFC

(1) Except as provided in paragraph (2) below, the terms of this order do not affect or concern anyone outside the jurisdiction of this court.

 

(2) The terms of this order will affect the following persons in a country or state outside the jurisdiction of this court:

(a) the Defendant or his officer or agent appointed by power of attorney;

 

(b) any person who:

(i) is subject to the jurisdiction of this court;

 

(ii) has been given written notice of this order at his residence or place of business within the jurisdiction of this court; and

 

(iii) is able to prevent acts or omissions outside the jurisdiction of this court which constitute or assist in a breach of the terms of this order; and

 

(c) any other person, only to the extent that this order is declared enforceable by or is enforced by a court in that country or state.

 

20. Assets located outside the DIFC

Nothing in this order shall, in respect of assets located outside the DIFC, prevent any third party from complying with:

(1) what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the country or state in which those assets are situated or under the proper law of any contract between itself and the Defendant; and

 

(2) any orders of the courts of that country or state, provided that reasonable notice of any application for such an order is given to the Claimant’s legal representatives.

 

COMMUNICATIONS WITH THE COURT

All communications to the Court about this order should be sent to:
Ground Floor, Building4, Gate District, DIFC, UAE
Telephone: + 971 4 427 3333
Fax: +971 4 427 3330
Email: registry@difccourts.ae
The offices are open between 10am to 5pm, Sunday to Thursday (excluding Public Holidays)

 

NAME AND ADDRESS OF CLAIMANT’S LEGAL REPRESENTATIVES

 

The Claimant’s legal representatives are:

 

Hamdan Al Shamsi Lawyers & Legal Consultants

 

The One By Omniyat, P5, Business Bay, Dubai

 

(04) 3469262 (telephone)

 

(04) 3469272 (fax)

 

Office Hours: 9AM through 7:30 PM

 

hhussein@alshamsilegal.com

 

Issued by:
Maha AlMehairi
Judicial Officer
Date: 9 July 2014
At: 11am

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